Pier and Harbour Orders Confirmation Act, 1864

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PIER AND HARBOUR ORDERS CONFIRMATION ACT 1864

CAP. XCIII.

An Act for confirming certain Provisional Orders made by the Board of Trade under The General Pier and Harbour Act, 1861, relating to Brighton, Eastbourne, Sandown, Walton-on-the-Naze, Clevedon, Rhyl, Bray, Kircubbin, Walton, (Suffolk), Holywood, Exe Bight, Lytham, Ardglass, Filey, Greenock, Carlingford Lough, Wexford, Torquay, and Oban. [29th July 1864.]

24 & 25 Vict. c. 45.

‘WHEREAS a Provisional Order made by the Board of Trade under The General Pier and Harbour Act, 1861, is not of any Validity of Force whatever until the Conformation thereof by Act of Parliament:

‘And whereas it is expedient that the several Provisional Orders made by the Board of Trade under the said Act, set out in the Schedule hereto, with the Amendments herein-after mentioned, relating to the Ardglass, Carlingford Lough, and Oban Provisional Orders, and subject to the Provision herein-after contained, be confirmed by Act of Parliament:’

Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Confirmation of Orders in Schedule.

1. The several Provisional Orders set out in the Schedule hereto shall be and are hereby confirmed, and all the Provisions thereof, in Manner and Form as they are set out in the said Schedule, shall, from and after the passing of this Act, have full Validity and Force, except as herein-after mentioned.

Amendment of Ardglass Order.

2. With respect to the Ardglass Provisional Order, Clause Thirty-one thereof shall be deemed to be and is by this Act expunged therefrom, and in lieu of that Clause the following Clause shall be deemed to be inserted therein, namely:

Discontinuance of Powers of Act of 1827.

This Order shall be of full Force and Effect, the Act of 1827 notwithstanding; and from the Completion of the Works authorized by this Order no Works shall be executed or Commissioners constituted, or Rates levied, under the Act of 1827.

Amendment of Order as to Carlingford Lough.

3. With regard to the Carlingford Lough Provisional Order, the Clauses numbered 3 and 13 of that Order shall be deemed to be and the same are by this Act expunged from the same Order.

Appointment of the several Commissioners to be regulated as herein named.

The Clause following shall be inserted in the same Order instead of Clause 3 thereof:

The Appointment of the Commissioners shall be regulated as follows:

(1.) The following Four Persons are hereby appointed Commissioners, namely, William Forster, Richard Allen Minnitt, Edward Tipping, and Richard Mayne; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of any One of those Four Commissioners, the Commissioners shall by a Special Order appoint another Person to fill the Vacancy, and so toties quoties:

(2.) Two of the Commissioners shall be appointed by the Newry Navigation Company; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of either of those Two Commissioners, another Person shall be appointed by that Company to fill the Vacancy, and so toties quoties:

(3.) Two of the Commissioners; shall be appointed by the Newry Town Commissioners; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of either of those Two Commissioners, another Person shall be appointed by the Newry Town Commissioners to fill the Vacancy, and so toties quoties:

(4.) Two of the Commissioners shall be appointed by the Newry and Greenore Railway Company; and whenever a ever a Vacancy is caused by Death, Resignation, or otherwise in the Office of either of those Two Commissioners, another Person shall be appointed by that Company to fill the Vacancy, and so toties quoties:

(5.) Two of the Commissioners shall be appointed by the Dundalk and Greenore Railway Company; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of either of those Two Commissioners, another Person shall be appointed by that Company to fill the Vacancy, and so toties quoties:

(6.) The Board of Trade may, if they think fit, at any Time after the passing of an Act confirming this Order, appoint Two Persons to be Commissioners; and whenever a Vacancy is caused by Death, Resignation, or otherwise in the Office of any One of those Two Commissioners, may, if they think fit, appoint another Person to fill the Vacancy, and so toties quoties.

The following Clause shall be inserted in the same Order instead of Clause 13 thereof:

Commencement of Rates and Cesses thereof in certain Events.

As soon as the Channel or Cut to be made in the Bar, or at the Entrance or Mouth of Carlingford Lough, shall be made of a Depth of Eleven Feet at least below Low-water Mark as shown on the deposited Plans and Sections, and of a Width of Three hundred Feet at least, the Commissioners may begin and may thenceforth continue to demand and receive the Rates authorized by this Order, subject nevertheless to the following Provisions:

(1.) If within Two Years from the passing of an Act confirming this Order the Channel or Cut to be made in the Bar or at the Entrance or Mouth of Carlingford Lough is not made of the Depth of Fourteen Feet at least, then from the Expiration of those Two Years the Commissioners shall not demand or receive any Rates under this Order until the Channel or Cut is made of the Depth of Fourteen Feet at least; and the Commissioners shall not demand or receive any Rates under this Order in respect of Vessels delivering or loading Cargo at the Town or the River of Newry, North of Old Narrow Water Castle, until the Channel or Cut is made of the Depth of Fourteen Feet at least:

(2.) If within Five Years from the passing of an Act confirming this Order the Channel or Cut aforesaid is not made of the full Depth proposed as shown on the deposited Plans and Sections, then from and after the Expiration of those Five Years the Commissioners shall not demand or receive Rates to a greater Amount than the Sum of Two thousand five hundred Pounds per Annum under this Order, until the Channel or Cut is completed of the full Depth aforesaid; and if in any Year before such Completion the total Amount of Rates received under this Order shall exceed Two thousand five hundred Pounds per Annum, the Rates receivable under this Order shall from Time to Time be revised by the Commissioners, so that the total Amount to be received therefrom shall as near as may be amount to but not exceed the said Sum of Two thousand five hundred Pounds per Annum, until the Channel or Cut shall be completed to the full Depth aforesaid:

(3.) The Board of Trade, nevertheless, if it appears to them expedient, may from Time to Time extend the said Period of Two Years for any Time or Times not exceeding in the whole One Year, and may from Time to Time extend the said Period of Five Years for any Time or Times not exceeding in the whole Two Years;

(4.) The Chairman of Quarter Sessions of the County of Down, on Proof being adduced to him that the Channel or Cut aforesaid is made of the Depth of Eleven or Fourteen Feet, or of the full Depth proposed as aforesaid, (as the Case may be,) and of the Width of Three hundred Feet at least, shall sign and give to the Commissioners a Certificate thereof, which Certificate shall be conclusive Evidence of the Matters therein certified; provided that the said Chairman shall have Power to hear Parties in opposition to the granting of such Certificate.

Provision for Appointment of Joint Committee to regulate Bar Pilots.

The following Clause shall be added to the same Provisional Order after Clause 23 thereof:

Within Three Months after the passing of an Act confirming this Order the Commissioners shall appoint, in Writing under the Hand of their Chairman, Three Persons from such Commissioners, and the Directors of the Newry Navigation Company shall within the same Period in like Manner appoint Three Persons from such Directors, and the said Six Persons shall form a Committee for the Purpose of appointing, dismissing, and regulating the Pilots employed in piloting Vessels into and out of the Entrance of Carlingford Lough, commonly called “Bar Pilots;” and the said Committee shall be subject to the following Provisions:

(1.) The Commissioners and the Newry Navigation Company respectively may from Time to Time, at their Pleasure, remove the Members of the Committee so nominated by them respectively, and may in like Manner respectively fill up the Vacancies occurring among such Members by Removal, Deaths or Resignation: and no Act done by the Committee shall be invalidated because of any alleged or real Want of Authority on the Part of the said Chairman to sign such Appointment:

(2.) The Committee shall hold its Meetings at Newry, and Four shall be a Quorum thereof; and the Chairman of each Meeting shall be elected alternately from the Members representing the Commissioners and the said Company respectively; and the Proceedings of the Committee shall be determined by a Majority of the Members present, the Chairman having a Casting Vote in case of Equality.

The following Addition shall be made to the Exemptions contained in the Schedule to the same Order:

All Sailing Vessels of and under One hundred and fifty Tons, and all Steam Vessels of and under Two hundred Tons, delivering or loading Cargo at the Town or the River of Newry North of Old Narrow Water Castle.

Rates on Passengers not to be levied at the Harbour of Oban.

4. With respect to The Oban Pier and Harbour Order, 1864, set out in the Schedule to this Act annexed, and notwithstanding anything contrary to this Enactment contained in the said Order or the Schedule thereto annexed, or the Acts therein recited, or this Act, be it enacted, That it shall not be lawful for the Undertakers under the said Order to demand or receive any Rates or Charges on or in respect of any Passenger, Reaper, or other Person landing from or embarking in any Vessel at the existing Pier and Works, or the proposed Breastwork and Sea Wall and other Works at the Harbour of Oban mentioned in the said Order, and the said Pier, Breastwork, Sea Wall, and other Works may be used free from Rates and Charges by all Passengers, Reapers, and other Persons landing from or embarking in any Vessel at the said Harbour.

The Clauses numbered 8 and 15 of the said Oban Pier and Harbour Order shall be deemed to be and the same are by this Act expunged from the said Order.

The Clause following shall be held to be inserted in the said Order instead of Clause 8 thereof:

The Limits of this Order shall be the Area within a Portion of a Circle of Two hundred and fifty Yards Radius drawn seawards from the Head of the existing Pier taken as a Centre: Provided that nothing contained in this Order or in the Acts herein recited shall prevent the Appointment of a Harbour Master for the Bay of Oban under the Authority of any Act of Parliament or Provisional Order hereafter to be passed with Powers and Jurisdiction extending over the whole of the said Bay, including the Area within the Limits above referred to, but not any Portion of the Works of the Undertakers, and on the Appointment of such Harbour Master the Powers and Authorities conferred on or exercisable by any Harbour Master to be appointed under the Authority of this Order or the Acts herein recited shall cease and determine, except as regards the said Works of the Undertakers.

The Fourteenth, Fifteenth, and Sixteenth Sections of “The General Pier and Harbours Act, 1861, Amendment Act,” shall apply to the said Order and to the Undertakers under the same, as if the said Undertakers were a Company incorporated by the said Order for the Purposes of the Undertaking, and the Word “ Company ” in the said Sections shall mean the said Undertakers: Provided that the clear annual Profits on the Average of Three Years referred to in the said Fourteenth Section shall, with regard to the said Order and for the Purposes specified in the said Sections, be held to be a Sum not exceeding One thousand Pounds.

Ardglass, Carlingford Lough, and Oban amended Orders to be valid and effectual.

5. The said Ardglass, Carlingford Lough, and Oban Provisional Orders, subject to the Omissions, Alterations, and Additions thereto respectively in this Act mentioned, shall be valid and effectual, and the same Alterations and Additions respectively shall be read and construed as if they formed Part of the same Orders respectively, as made by the Board of Trade, and as such are hereby confirmed.

Certain Fishing Vessels forced by Stress of Weather to use any Pier, &c., to be exempt from Rates.

6. Notwithstanding anything in the said Act, or in any Act amending the same, or in any Provisional Order confirmed by this Act, Fishing Vessels belonging to Countries with which Treaties exist exempting from Duties and Port Charges such Vessels when forced by Stress of Weather to seek Shelter in the Ports or on the Coasts of the United Kingdom shall, when forced by Stress of Weather to make use of any Pier or Harbour to which any Provisional Order confirmed by this Act relates, and not breaking Bulk while making use of such Pier or Harbour, be exempt from Rates leviable under the Provisional Order relating to such Pier or Harbour.

Amendment of Walton Order.

7. Nothing in this Act, or in the Walton (Suffolk) Pier Order confirmed by this Act, shall authorize the Construction of any Jetty, Pier, Embankment, or other Work so as to interfere with any Battery already erected at Walton aforesaid, or to mask the Fire of the Guns thereof.

Short Title.

8. This Act may be cited as The Pier and Harbour Orders Confirmation Act, 1864.

The SCHEDULE of Provisional Orders.

1. BRIGHTON.—Construction of a Pier.

2. EASTBOURNE.—Construction of a Pier.

3. SANDOWN.—Construction of a Pier.

4. WALTON-ON-THE-NAZE.—Construction of a Pier.

5. CLEVEDON.—Construction of a Pier.

6. RHYL.—Construction of a Pier.

7. BRAY.—Construction of additional Works.

8. KIRCUBBIN.—Improvement of Harbour.

9. WALTON (Suffolk).—Construction of a Pier.

10. HOLYWOOD.—Construction of a Pier and Quay.

11. EXE BIGHT.—Construction of a Pier.

12. LYTHAM.—Construction of a Pier.

13. ARDGLASS.—Improvement of Harbour.

14. FILEY.—Construction of a Harbour.

15. GREENOCK.—Extension and Improvement of Harbour.

16. CARLINGFORD LOUGH.—Improvement of Harbour.

17. WEXFORD.—Improvement of Entrance to Harbour.

18. TORQUAY.—Improvement of Harbour.

19. OBAN.—Construction of further Works.

BRIGHTON.

Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Pier at Brighton, in the County of Sussex.

Preamble.

Whereas, under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the Brighton West Pier Company (Limited) made application by memorial to the Lords Of the Committee of Her Majesty’s Most Honourable Privy Council, appointed for the consideration of matters relating to Trade and Foreign Plantations, hereinafter called the Board of Trade, setting forth the necessity of a pier at Brighton, in the county of Sussex, and praying their Lordships to approve of the project thus submitted, and to grant a Provisional Order for its execution, containing powers and privileges for the complete execution of the works, and for the levying of rates and tolls:

And whereas the estimated expenditure on the proposed works is twenty-two thousand pounds and no more:

And whereas the promoters published the advertisements and deposited the documents which by the last-mentioned Act they were required to publish and deposit:

And whereas the Board of Trade, after making such inquiries as they have thought expedient, have settled this present Provisional Order, and intend to cause a Bill to be introduced into Parliament for the Purpose of obtaining an Act for the confirmation of this Provisional Order (until which confirmation this Provisional Order will not be of any validity or force whatever):

Now, therefore, the Board of Trade do by this their Provisional Order, in pursuance of The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, and by virtue and in exercise of the powers thereby respectively in them vested, and of every other power enabling them in this behalf, order—

That from and immediately after the passing of an Act of Parliament confirming this Provisional Order, the following provisions shall take effect and be in force:

Undertakers.

1. The Brighton West Pier Company (Limited), herein-after called the Company, shall be the undertakers of the works authorized by this Order.

Power to take specified lands by agreement.

2. For the purposes of the works authorized by this Order, the Company may from time to time, by agreement, enter on, take, and use all or any part of the lands shown on the deposited plans as intended to be taken for the purposes of the proposed works.

Lands Clauses Acts incorporated.

3. The Lands Clauses Consolidation Act, 1845, except so much thereof as relates to the purchase and taking of lands otherwise than by agreement, and The Lands Clauses Consolidation Act Amendment Act, 1860, shall be incorporated with this Order.

Power to make works.

4. Subject to the provisions of this Order, the Company may, on the lands and in the lines, and according to the levels, and within the limits of deviation shown on the deposited plans and sections, make and maintain the works shown on the deposited plans.

Description of pier.

5. The works authorized by this Order comprise the following:

A pier on iron piles commencing at a point on the esplanade opposite Regency Square, in the town of Brighton, in the parish of Brighton, in the county of Sussex, and extending seaward in a southerly direction one thousand one hundred and fifty feet or thereabouts.

Power to levy rates according to Schedule.

6. The Company may demand and receive in respect of the persons, vessels, and things in the Schedule hereto described any sums not exceeding the rates in that Schedule specified.

Restriction on use of pier.

7. Nothing in this Order shall entitle vessels or boats to ship or unship at the pier any sheep, cattle, or merchandise, or any things other than those in the Schedule hereto described.

Company may contract with persons for the use of the pier.

8. The Company may grant to passengers and promenaders or others pass-tickets for the use of the pier on such terms, and for such a period not exceeding one year, may be agreed upon, but so that no preference be given to any particular person.

Pass-tickets not to be transferable.

9. Any pass-ticket from time to time granted by the Company shall not be transferable, and shall not be used by any person except the person for whom it is granted, or by any person after the period limited for its use. If any person acts in any way in contravention to this provision, or uses or attempts to any false or counterfeit ticket, he shall for every such offence, upon a summary conviction for the same before a Justice or Justices of the Peace, be liable to a penalty not exceeding twenty shillings.

Custom House Officers exempt from rates.

10. Officers of Customs being in the execution of their duty shall at all times have free ingress, passage, and egress to, on, along, and from, the pier by land and with their vessels and otherwise without payment.

Lands for extraordinary purposes.

11. The Company shall not purchase for extraordinary purposes land exceeding in extent in the whole two acres.

Short title.

12. This Order may be cited as The Brighton West Pier Order, 1864.

Board of Trade, Whitehall.

Dated this 5th day of March 1864.

(Signed) T. H. FARRER, Marine Secretary.

Brighton.

The SCHEDULE to which this Order refers.

I. —RATES ON PASSENGERS AND PROMENADERS USING THE PIER.

II. —RATES, ON PASSENGERS LUGGAGE.

III. —RATES ON VESSELS USING THE PIER.

IV. —RATES FOR LAYING WATER MAINS ON PIER.

EASTBOURNE.

Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Pier at Eastbourne, in the County of Sussex.

Preamble.

Whereas under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the promoters of the Eastbourne Pier made application by a memorial to the Lords of the Committee of Her Majesty’s

Eastbourne.

Most Honourable Privy Council, appointed for the consideration of matters relating to Trade and Foreign Plantations, herein-after called the Board of Trade, setting forth the necessity of a pier at Eastbourne, in the county of Sussex, and praying their Lordships to approve of the project thus submitted, and to grant a Provisional Order for its execution, containing powers and privileges for the complete execution of the works, and for the levying of rates and tolls:

And whereas the estimated expenditure on the proposed works is twelve thousand pounds and no more:

And whereas the promoters published the advertisements and deposited the documents which by the last-mentioned Act they were required to publish and deposit:

And whereas the Board of Trade, after making such inquiries as they have thought expedient, have settled this present Provisional Order, and intend to cause a Bill to be introduced into Parliament for the purpose of obtaining an Act for the confirmation of this Provisional Order (until which confirmation this Provisional Order will not be of any validity or force whatever):

Now, therefore, the Board of Trade do by this their Provisional Order, in pursuance of The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 186l, Amendment Act, and by virtue and in exercise of the powers thereby respectively in them vested, and of every other power enabling them in this behalf, order—

That, from and immediately after the passing of an Act of Parliament confirming this Provisional Order, the following provisions shall take effect and be in force:

Undertakers.

1. The Eastbourne Pier Company (Limited), herein-after called the Company, shall be the undertakers of the works authorized by this Order.

Power to take specified lands by agreement.

2. For the purposes of the works authorized by this Order, the Company may from time to time, by agreement, enter on, take, and use all or any part of the lands shown on the deposited plans, as intended to be taken for the purposes of the proposed works.

Lands Clauses Acts incorporated.

3. The Lands Clauses Consolidation Act, 1845, except so such thereof as relates to the purchase and taking of lands otherwise than by agreement, and The Lands Clauses Consolidation Act Amendment Act, 1860, shall be incorporated with this Order.

Power to make works.

4. Subject to the provisions of this Order, the Company may, on the lands and in the lines, and according to the levels, and within the limits of deviation shown on the deposited plans and sections, make and maintain the works shown on the deposited plans.

Description of pier.

5. The works authorized by this Order comprise the following:

Eastbourne.

A pier on iron piles commencing at a point on the esplanade opposite Devonshire Place, in the town of Eastbourne, in the parish of Eastbourne, in the county of Sussex, and extending seaward in a south-easterly direction one thousand feet or thereabouts.

Power to levy rates according to Schedule to this Order.

6. The Company may demand and receive in respect of the persons, vessels, and things in the Schedule hereto described any sums not exceeding the rates in that Schedule specified.

Restriction on use of pier.

7. Nothing in this Order shall entitle vessels or boats to ship or unship at the pier any sheep, cattle, or merchandise, or any things other than those in the Schedule hereto described.

Company may contract with persons for the use of the pier.

8. The Company may grant to passengers and promenaders or others pass-tickets for the use of the pier on such terms, and for such a period not exceeding one year, as may be agreed upon, but so that no preference be given to any particular person.

Pass-tickets not to be transferable.

9. Any pass-ticket from time to time granted by the Company shall not be transferable, and shall not be used by any person except the person for whom it is granted, or by any person after the period limited for its use. If any person acts in any way in contravention of this provision, or uses or attempts to use any false or counterfeit ticket, he shall for every such offence, upon a summary conviction for the same before a Justice or Justices of the Peace, be liable to a penalty not exceeding twenty shillings.

Custom House Officers exempt from rates.

10. Officers of Customs being in the execution of their duty shall at all times have free ingress, passage, and egress to, on, along, and from the pier by land and with their vessels an otherwise, without payment.

Land for extraordinary purposes.

11. The Company shall not purchase for extraordinary purposes land exceeding in extent in the whole two acres.

Short Title.

12. This Order may be cited as The Eastbourne Pier Order, 1864.

Board of Trade, Whitehall.

Dated this 5th day of March 1864.

(Signed) T. H. FARRER,

Marine Secretary.

The SCHEDULE to which this Order refers.

I. —RATES PASSENGERS AND PROMENADERS USING THE PIER.

II. —RATES ON PASSENGERS’ LUGGAGE.

III. —RATES ON VESSELS USING THE PIER.

IV. —RATES FOR LAYING WATER MAINS ON PIER.

SANDOWN.

Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Pier at Sandown, in the Isle of Wight.

Preamble.

Whereas, under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the promoters of the Sandown Pier made application by a memorial to the Lords of the Committee of Her Majesty’s Most Honourable Privy Council appointed for the consideration of matters relating to Trade and Foreign Plantations, herein-after called the Board of Trade, setting forth the necessity of pier at Sandown, in the parish of Brading, in the county of Southampton, and praying their Lordships to approve of the project thus submitted, and to grant a Provisional Order for its execution, containing all such powers and privileges for the complete execution of the works, and for levying tolls, rates, and duties, not exceeding those in the Schedule hereto annexed, and for the incorporation of a Company:

And whereas the estimated expenditure on the proposed work is fifteen thousand pounds, and no more:

And whereas the promoters published the advertisements and deposited the documents which by the last-mentioned Act they were required to publish and deposit:

And whereas the Board of Trade, after making such inquiries as they thought expedient, have settled this present Provisional Order, and intend to cause a Bill to be introduced into Parliament for the purpose of obtaining an Act for the confirmation of this Provisional Order (until which confirmation this Provisional Order will not be of any validity or force whatever):

Now, therefore, the Board of Trade do by this their Provisional Order, in pursuance of The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, and by virtue and exercise of the powers thereby respectively in them vested, and of every other power enabling them in this behalf, order—

That, from and immediately after the passing of an Act of Parliament confirming this Provisional Order, the following provisions shall take effect and be in force:

The Company.

Incorporation of Company.

1. The following persons, namely, Thomas Willis Fleming, Robert Rawlins, Francis Henry Atherley, Daniel Climie, and all other persons and corporations who have subscribed or who may subscribe to the undertaking authorized by this Order, and their executors, administrators, successors, and assigns respectively, shall be and are hereby constituted into a Company for the purpose of making and maintaining the pier and works authorized by this Order, and for the other purposes of this Order, and for those purposes shall be and are hereby incorporated by the name of The Sandown Pier Company, and by that name shall be one body corporate, with perpetual succession and a common seal, and with power to purchase, take, hold, and dispose of lands and other property for the purposes of the proposed works, but subject to the restrictions of this Order.

Undertakers.

2. The Sandown Pier Company, herein-after called the Company, shall be the undertakers of the works authorized by this Order.

Incorporation of Companies Clauses Acts.

3. The Companies Clauses Consolidation Act, 1845, and Part I. of the Companies Clauses Act, 1863, shall be incorporated with this Order.

Capital.

4. The capital of the Company shall be the sum of fifteen thousand pounds, in one thousand five hundred shares of ten pounds each.

Calls.

5. No call shall exceed one pound per share, or be made payable within three months of any previous call.

Borrowing powers.

6. The Company may from time to time, with the sanction of a general meeting of the Company specially convened for the purpose, borrow on mortgage or bond at interest, for any time not exceeding five years, such sums of money as may from time to time be required; but no money shall be so borrowed until the whole of the capital sum of fifteen thousand pounds is subscribed for or taken, and until one half thereof is paid up, and until the Company prove to the Justice who is to certify under The Company Clauses Consolidation Act, 1845, section 40, before he so certifies, that all such capital has been subscribed for bonâ fide, and is held by subscribers or their assigns legally liable for the same.

Receiver.

7. The mortgagees of the Company may enforce the payment of arrears of interest, or arrears of principal and interest, due on their respective mortgages, by the appointment of a receiver. The amount to authorize a requisition for a receiver shall be two thousand pounds.

Power to create preference shares.

8. The Company may, by the resolution of a general meeting specially convened, such resolution being adopted by not less than three fifths in value of the shareholders present in person or by proxy at the meeting, direct that the holders of any portion, not exceeding one third part, of the shares then subscribed for or taken, shall be entitled to dividend at a rate to be prescribed by each meeting, not exceeding five per centum per annum, in priority to the other holders of shares in the capital of the Company.

No interest or dividend on calls.

9. The Company shall not, out of any money raised by calls or borrowing, pay interest or dividend to any shareholder on the amount called up in respect of shares held by him; but this provision shall not prevent the Company paying to any shareholder such interest on any money advanced by him beyond the amount of calls actually made as may be in conformity with the provisions of The Companies Clauses Consolidation Act, 1845.

Money not to be used for deposit under Standing Orders, &c.

10. The Company shall not, out of any money so raised, pay or deposit any money that may be required, to be paid or deposited in relation to any application to Parliament or the Board of Trade.

Money to be applied to purpose of Order.

11. Every part of the money so raised shall be applied only for the purposes authorized by this Order.

First general meeting.

12. The first general meeting of the Company shall be held within six calendar months after the passing of an Act of Parliament confirming this Order at such time and place as the directors determine.

Number of directors.

13. The number of the directors shall not be more than six or less than three.

Quorum of directors.

14. The quorum of a meeting of directors shall be three.

First directors.

15. The four persons herein-before named may, by writing under their hands, nominate the persons who shall, either conjointly with themselves or any of them, or otherwise, be the first directors of the Company, and the directors so nominated shall continue in office until the first general meeting of the Company.

Qualification.

16. The qualification of a director elected by the shareholders or nominated as aforesaid shall be the holding in his own right of not less than twenty shares in the capital of the Company.

Remuneration.

17. The remuneration of the directors shall from time to time be fixed by a general meeting, and shall be divided among the directors in such manner as they determine.

Power to take specified lands by arrangements.

18. For the purpose of the works authorized by this Order the Company may from time to time, by agreement, enter on, take and use all or any part of the land shown on the plans as intended to be taken for the purposes of the proposed pier and works.

Incorporation of Lands Clauses Acts.

19. The Lands Clauses Consolidation Act, 1845, except so much thereof as relates to the purchase and taking of land otherwise than by agreement, and The Lands Clauses Consolidation Act Amendment Act, 1860, shall be incorporated with this Order.

Works.

Power to make works.

20. Subject to the provisions of this Order, the Company may, on the lands taken by them under this Order, and in the lines, and according to the levels, and within the limits of deviation shown on the deposited plans and sections, make and maintain the works shown on the deposited plans.

Description of pier.

21. The works authorized by this Order comprise the following:

A pier, with all proper works, approaches, and other conveniences connected therewith, situate wholly in the parish of Brading and county of Southampton, commencing with a junction with the turnpike road leading from Shanklyn to Ryde, about ninety yards north-east of the King’s Head hotel at Sandown, and running out into the sea in a south-easterly direction, and terminating one thousand five hundred feet or thereabouts from high-water mark.

Rates.

Power to take rates in schedules.

22. The Company may demand and receive in respect of the vessels, goods, persons, and things in the schedule hereto described any rates not exceeding the rates in that schedule specified.

Exemptions of Custom House officers from rates.

23. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the pier and works by land, and with their vessels and otherwise, without payment.

Application of rates.

24. The rates received under this Order shall be applicable for the purposes in the order following:

1. To the maintenance of the works authorized by this Order:

2. In payment, to an extent not exceeding one fifteenth part of such rates, of any rent or rent-charge payable in respect of any lands acquired by the Company under this Order:

3. In payment of the interest accruing on any money borrowed under the authority of this Order, and in repayment of the principal money:

4. To the use and for the purposes of the Company.

General Provisions.

Company may provide steam engines.

25. The Company may provide such steam engines, steam vessels, piling engines, diving bells, barges, boats, and other machinery and vessels as they think necessary for carrying on the business of the Company, or for effectuating any of the purposes of this Order, and may demand and receive such sums for the use thereof as they think reasonable.

Company may contract with persons for use of pier.

26. The Company may grant to passengers and promenaders or others pass tickets for the use of the pier on such terms, and for such a period not exceeding one year, as may be agreed upon, but so that no preference be given to any person. Any such pass ticket shall not be transferable, and shall not be used by any person except the person for whom it is granted, or by any person after the period limited for its use. If any person acts in any way in contravention of this provision, or uses or attempts to use any false or counterfeit pass ticket, he shall for every such offence be liable to a penalty not exceeding twenty shillings, to be recovered and applied as penalties are recoverable and applicable under The Harbours, Docks, and Piers Clauses Act, 1847, for all the purposes of which Act this Order shall be deemed the special Act.

Part V. of 24 & 25 Vict. c. 47. to apply.

27. Part V. of The Harbours and Passing Tolls, &c. Act, 1861, shall apply to the works authorized by the Order.

Short title.

28. This Order may be cited as The Sandown Pier Order, 1864.

Board of Trade, Whitehall.

Dated this 10th day of March 1864.

(Signed) T. H. FARRER, Marine Secretary.

SCHEDULE to which this Order refers.

I.—RATES ON VESSELS USING THE PIER.

II.—RATES ON GOODS SHIPPED OR UNSHIPPED AT THE PIER.

III.—RATES FOR USE OF CRANES, WEIGHING MACHINES, AND SHEDS.

1 st. Rates of Cranage.

2nd. Weighing Machines.

3rd. Shed Dues.

IV.—RATES FOR LAYING WATER MAINS ON PIER.

V.—RATES ON PASSENGERS AND PROMENADERS USING THE PIER.

VI.—RATES ON PASSENGERS’ LUGGAGE.

WALTON-ON-THE-NAZE.

Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Pier at Walton-on-the-Naze in the County of Essex.

Preamble.

Whereas, under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the promoters of the Walton-on-the-Naze Pier made application by a memorial to the Lords of the Committee of Her Majesty’s Most Honourable Privy Council appointed for the consideration of matters relating to Trade and Foreign Plantations, herein-after called the Board of Trade, setting forth the necessity of a pier at Walton-on-the-Naze in the parish of Walton in the county of Essex, and praying their Lordships to approve of the project thus submitted, and to grant a Provisional Order for its execution, containing all such powers and privileges for the complete execution of the works, and for levying tolls, rates, and duties not exceeding those in the Schedule hereto annexed, and for the incorporation of a company for the objects aforesaid:

And whereas the estimated expenditure on the propose work is ten thousand pounds, and no more:

And whereas the promoters published the advertisement and deposited the documents which by the last-mentioned Act they were required to publish and deposit:

And whereas the Board of Trade, after making such inquiries as they thought expedient, have settled this present Provisional

Order, and intend to cause a Bill to be introduced into Parliament for the purpose of obtaining an Act for the confirmation of this Provisional Order (until which confirmation this Provisional Order will not be of any validity or force whatever):

Now, therefore, the Board of Trade do by this their Provisional Order, in pursuance of The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, and by virtue and exercise of the powers thereby respectively in them vested, and of every other power enabling them in this behalf, order—

That from and immediately after the passing of an Act of Parliament confirming this Provisional Order the following provisions shall take effect and be in force:

Walton-on-the-Naze Pier Company.

Incorporation of Company.

1. The following persons, namely, Newson Garrett, Edward Chapman, Peter Schuyler Bruff, and all other persons and corporations who have subscribed or who may subscribe to the undertaking authorized by this Order, and their executors, administrators, successors, and assigns respectively, shall be and are hereby constituted into a company for the purpose of making and maintaining the pier and works authorized by this Order, and for the other purposes of this Order, and for those purposes shall be and are hereby incorporated by the name of the Walton-on-the-Naze Pier Company, and by that name shall be one body corporate, with perpetual succession and a common seal, and with power to purchase, take, hold, and dispose of lands and other property for the purposes but subject to the restrictions of this Order.

Undertakers.

2. The Walton-on-the-Naze Pier Company, herein-after called the Company, shall be the undertakers of the works authorized by this Order.

Incorporation of Companies Clauses Acts.

3. The Companies Clauses Consolidation Act, 1845, and Part I. of The Companies Clauses Act, 1863, shall be incorporated with this Order.

Capital.

4. The capital of the Company shall be the sum of ten thousand pounds, in one thousand shares of ten pounds each.

Calls.

5. No call shall exceed two pounds per share, or be made payable within two months of any previous call.

Borrowing powers.

6. The Company may, with the sanction of a general meeting of the Company specially convened for the purpose, borrow on mortgage or bond at interest, from time to time, not exceeding five years, such sums of money as may from time to time be required; but no money shall be so borrowed until the whole of the capital sum of ten thousand pounds is subscribed for or taken, and until one half thereof is paid up, and until the Company prove to the Justice who is to certify under The Companies Clauses Consolidation Act, 1845, section 40, before be so certifies, that all such capital has been subscribed for bonâ fide, and is held by subscribers or their assigns legally liable for the same (of which matters such certificate shall be sufficient evidence).

Receiver.

7. The mortgagees of the Company may enforce the payment of arrears of interest, or the arrears of principal and interest, due on their respective mortgages by the appointment of a receiver. The amount to authorize a requisition for a receiver shall be one thousand pounds.

Power to create preference shares.

8. The Company may, by the resolution of a general meeting specially convened, such resolution being adopted by not less than three fifths in value of the shareholders present in person or by proxy at the meeting, direct that the holders of any portion, not exceeding one third part, of the shares, then subscribed for of taken shall be entitled to dividend at a rate to be prescribed by such meeting, not exceeding five per centum per annum, in priority to the other holders of shares in the capital of the Company.

No interest or dividend on calls.

9. The Company shall not, out of any money raised by calls or borrowing, pay interest or dividend to any shareholder on the amount called up in respect of shares held by him; but this provision shall not prevent the Company paying to any shareholder such interest on any money advanced by him beyond the amount of calls actually made as may be in conformity with the provisions of The Companies Clauses Consolidation Act, 1845.

Money not to be used for deposit, &c.

10. The Company shall not, out of any money so raised, pay or deposit any money that may be required to be paid or deposited in relation to any application to Parliament or the Board of Trade.

Money to be applied as authorized.

11. Every part of the money so raised shall be applied only for the purposes authorized by this Order.

First general meeting.

12. The first general meeting of the Company shall be held within six calendar months after the passing of an Act of Parliament confirming this Order at such time and place as the directors determine.

Number of directors.

13. The number of the directors shall not be more than five nor less than three.

Quorum of directors.

14. The quorum of a meeting of directors shall be three.

First directors.

15. The three persons herein-before named may, by writing under their hands, nominate the persons who shall, either conjointly with themselves, or any of them, or otherwise, be the first directors of the Company, and the directors so nominated shall continue in office until the first general meeting of the Company.

Qualification.

16. The qualification of a director elected by the shareholders, or nominated as aforesaid, shall be the holding in his own right of not less than twenty shares in the capital of the Company.

Remuneration.

17. The remuneration of the directors shall from time to time be fixed by a general meeting, and shall be divided among the directors in such manner as they determine, Until any other remuneration is fixed in manner aforesaid, the remuneration divisible among the directors shall be at the rate of twenty pounds per annum.

Lands.

Power to take specified lands by arrangements.

18. For the purpose of the works authorized by this Order the Company may from time to time, by agreement, enter on, take, and use all or any of the land shown on the plans as intended to be taken for the purposes of the proposed pier and works.

Incorporation of Lands Clauses Acts.

19. The Lands Clauses Consolidation Act, 1845, except so much thereof as relates to the purchase and taking of land otherwise than by agreement, and The Lands Clauses Consolidation Act Amendment Act, 1860, shall be incorporated with this Order.

Works.

Power to make works.

20. Subject to the provisions of this Order, the Company may, on the lands taken by them under this Order, and in the lines, and according to the levels, and within the limits of deviation shown on the deposited plans and sections, make and maintain the works shown on the deposited plans.

Description of pier.

21. The works authorized by this Order comprise the following:

A pier, with all proper works, approaches, tramways, and other conveniences connected therewith, situate wholly in the parish of Walton and county of Essex, commencing at or near the junction of the South Cliff Slope roads leading to the sea shore, and about forty yards northward of the Clifton Hotel at Walton aforesaid, and running out into the sea in an easterly direction, and terminating three hundred and fifty yards or thereabouts from high-water mark:

Provided nevertheless, that the said pier beyond the distance of one hundred yards from high-water mark at spring tides shall not be a solid embankment or pier, but an open work viaduct, with or without a floating pier or landing stage.

Rates.

Power to take rates in Schedule.

22. The Company may demand and receive in respect of vessels, goods, persons, and things in the Schedule hereto described any rates not exceeding the rates in that Schedule specified.

Exemptions of Custom House Officers from rates.

23. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage, and egress, into, through, along, from, and out of the pier and works by land, and with their vessels and otherwise, without payment.

Application of rates.

24. The rates received under this Order shall be applicable for the purposes and in the order following:

1. To the maintenance of the works authorized by this Order:

2. In payment, to an extent not exceeding one fifteenth part of such rates, of any rent or rentcharge payable in respect of any lands acquired by the Company under this Order:

Walton-on-the-Naze.

3. In payment of the interest accruing on any money borrowed under the authority of this Order, and in repayment of the principal of such money:

4. To the use and for the purposes of the Company.

General Provisions.

Company may provide steam engines, &c.

25. The Company may provide such steam engines, steam vessels, piling engines, diving bells, barges, boats, and other machinery and vessels as they think necessary for carrying on the business of the Company, or for effectuating any of the purposes of this Older, and may demand and receive such sums for the use thereof as they think reasonable.

Company may contract with persons for use of pier.

26. The Company may grant to passengers and promenaders or others pass tickets for the use of the pier on such terms, and for such a period not exceeding one year, as may be agreed upon, but so that no preference be given to any person. Such a pass ticket shall not be transferable, and shall not be used by any person except the person for whom it is granted, or by any person after the period limited for its use. If any person acts in any way in contravention of this provision, or uses or attempts to use any false or counterfeit pass ticket, he shall for every such offence be liable to a penalty not exceeding twenty shillings, to be recovered and applied as penalties are recoverable and applicable under The Harbours, Ducks, and Piers Clauses Act, 1847, for all the purposes of which Act this Order shall be deemed the special Act.

Power to dredge, scour, &c.

27. Subject to the provisions of this Order, the Company may from time to time dredge, deepen, and scour that portion of the foreshore which lies within the limits of this Order, and may place and maintain moorings, buoys, dolphins, capstans, and other necessary works for warping or otherwise assisting vessels coming to or leaving the pier, or lying outside or along the same, and may do, execute, and perform all such lawful acts and things either in or upon the lands or works belonging to them, or within the limits of this Order, as they may think necessary or proper for preventing and removing obstructions or impediments thereon or therein, or for preserving or facilitating the access to, or increasing the convenience or security of the pier, and generally for preserving the navigation within the limits of this Order; provided always, that any materials so dredged shall be disposed of in such manner as the Board of Trade may from time to time direct.

Limits of Order.

28. The limits of this Order shall include the pier and the space lying between the pier and the shore and a line running parallel with the pier at a distance of three hundred yards from the north side off the pier, and a straight line drawn north and south at a distance of three hundred yards from the east end of the pier, and a line running parallel with the first-mentioned line at a distance of three hundred yards from the south side of the pier.

Part V. of 24 & 25 Vict. c. 47. to apply.

29. Part V. of The Harbours and Passing Tolls, &c. Act, 1861, shall apply to the works authorized by the Order.

Short title.

30. This Order may be cited as The Walton-on-the-Naze Pier Order, 1864.

Board of Trade, Whitehall.

Dated this 10th day of March 1864.

(Signed) T. H. FARRER,

Marine Secretary.

SCHEDULE to which this Order refers.

I.—RATES ON VESSELS USING THE PIER.

II.—RATES ON GOODS SHIPPED OR UNSHIPPED AT THE PIER.

In charging the rates on goods, the gross weight or measurement of all goods to be taken: and for any less weights, measures, and quantities than those specified, a proportion of the respective rates shall be charged.

III.—RATES FOR USE OF CRANES, WEIGHING MACHINES, AND SHEDS.

1st, Rates of Cranage.

2nd. Weighing Machines.

3rd. Shed Dues.

IV. — RATES FOR LAYING WATER-MAINS ON PIER.

V. — RATES ON PASSENGERS AND PROMENADERS USING THE PIER.

VI. — RATES ON PASSENGERS’ LUGGAGE.

CLEVEDON.

Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Pier at Clevedon in the County of Somerset.

Preamble.

Whereas, under The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, the promoters of the Clevedon Pier made application by a memorial to the Lords of the Committee of Her Majesty’s Most Honourable Privy Council appointed for the consideration of matters relating to Trade and Foreign Plantations, hereinafter called the Board of Trade, setting forth the necessity of a pier at Clevedon in the county of Somerset, and praying their Lordships to approve of the project thus submitted, and to grant a Provisional Order for its execution, containing all such powers and privileges for the complete execution of the works, and for levying tolls, rates, and duties, not exceeding those in the Schedule hereto annexed, and for the incorporation of a Company for the carrying out the objects aforesaid:

And whereas the estimated expenditure on the proposed work is twenty thousand pounds, and no more:

And whereas the promoters published the advertisements and deposited the documents which by the last-mentioned Act they were required to publish and deposit:

And whereas the Board of Trade, after making such inquiries as they thought expedient, have settled this present Provisional Order, and intend to cause a Bill to be introduced, into Parliament for the purpose of obtaining an Act for the confirmation of this Provisional Order (until which confirmation this Provisional Order will not be of any validity or force whatever):

Now, therefore, the Board of Trade do by this their Provisional Order, in pursuance of The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, and by virtue and exercise of the powers thereby respectively in them vested, and of every other power enabling them in this behalf, order?

That from and immediately after the passing of an Act of Parliament confirming this Provisional Order, the following provisions shall take effect and be in force:

Clevedon Pier Company.

Incorporation of Company.

1. The following persons, namely, Charles Lempriere, John Scott Smith, George Greenway Hunt, and all other persons and corporations who have subscribed or who may subscribe to the undertaking authorized by this Order, and their executors, administrators, successors, and assigns respectively, shall be and are hereby constituted into a Company for the purpose of making and maintaining the pier and works authorized by this Order, and for the other purposes of this Order, and for those purposes shall be and are hereby incorporated by the name of The Clevedon Pier Company, and by that name shall be one body corporate, with perpetual succession and a common seal, and with power to purchase, take, hold, and dispose of lands and other property for the purposes but subject to the restrictions of this Order.

Undertakers.

2. The Clevedon Pier Company, herein-after called the Company, shall be the undertakers of the works authorized by this Order.

Incorporation of Companies Clauses Act.

3. The Companies Clauses Consolidation Act, 1845, and Part I. of The Companies Clauses Act, 1863, shall be incorporated with this Order.

Capital.

4. The capital of the Company shall be the sum of twenty thousand pounds, in two thousand shares of ten pounds each.

Calls.

5. No call shall exceed three; pounds per share or be made payable within two months of any previous call.

Borrowing powers.

6. The Company may, from time to time, with the sanction of a general meeting of the Company specially convened for the purpose, borrow on mortgage or bond at interest, for any time not exceeding five: years, such sums of money as may from time to time be required; but no: money shall be so borrowed until the: whole of the capital sum of twenty thousand pounds is subscribed for or taken, and until one half thereof is paid up, and until the Company prove to the Justice who is to certify under the Companies Clauses Consolidation Act, 1845, section 40, before he so certifies,:that all such capital has been subscribed for bonâ fide, and is held by subscribers or their assigns legally liable for the same.

Receiver.

7. The mortgagees of the Company may enforce the payment: of arrears of interest, or the arrears of principal and interest,: due on their respective mortgages by the appointment of a receiver. The amount to authorize a requisition for a receiver shall be one thousand pounds.

Power to create preference shares.

8. The company may, by the resolution of a general meeting specially convened, such resolution being adopted by not less than three fifths in value of the shareholders present in person or by proxy at the meeting, direct that the holders of any portion, not exceeding one third part, of the shares then subscribed for or taken shall be entitled to dividend at a rate to be prescribed by such meeting, not exceeding five per centum per annum, in priority to the other holders of shares in the capital of the Company.

No interest or dividend out of calls.

9. The Company shall not, out of any money raised by calls or borrowing, pay interest or dividend to any shareholder on the amount called up in respect of shares held by him; but this provision shall not prevent the Company paying to any shareholder such interest on any money advanced by him beyond the amount of calls actually made as may be in conformity with the provisions of The Companies Clauses Consolidation Act, 1845.

Money not to be used for deposit under Standing Orders, &c.

10. The Company shall not, out of any money so raised, pay or deposit any money that may be required to be paid or deposited in relation to any application to Parliament or the Board of Trade.

Money to be applied to purpose of Order.

11. Every part of the money so raised shall be applied only for the purposes authorized by this Order.

First General Meeting.

12. The first general meeting of the Company shall be held within six calendar months after the passing of an Act of Parliament confirming this Order at such time and place as the directors determine.

Number of directors.

13. The number of the directors shall not be more than five or less than three.

Quorum of directors.

14. The quorum of a meeting of directors shall be three.

First directors.

15. The three persons herein-before named may, by wilting under their hands, nominate the persons who shall, either conjointly with themselves, or any of them, or otherwise, be the first directors of the Company, and the directors so nominated shall continue in office until the first general meeting of the Company.

Qualification.

16. The qualification of a director elected by the shareholders or nominated as aforesaid shall be the holding in his own right of not less than twenty shares in the capital of Company.

Remuneration.

17. The remuneration of the directors shall from time to time be fixed by a general meeting, and shall be divided among the directors in such a manner as they determine. Until any other remuneration is fixed in manner aforesaid, the remuneration divisible among the directors shall be at the rate of fifty pounds per annum.

Lands.

Power to take specified lauds by agreement.

18. For the purposes of the works authorized by this Order the Company may from time to time, by agreement, enter on, take, and use all or any part of the lands shown on the plans as intended to be taken for the purposes of the proposed pier and works.

Incorporation of Lands Clauses Acts.

19. The Lands Clauses Consolidation Act, 1845, except so much thereof as relates to the purchase and taking of land otherwise than by agreement, and The Lands Clauses Consolidation Act Amendment Act, 1860, shall be incorporated with this Order.

Recovery of rentcharge by means of receiver.

20. Where under the last-mentioned Acts a rentcharge is reserved on a sale of lands to the;Company, and it is agreed between the vendor and the Company that the same shall be recoverable by means of a receiver, the person to whom the rentcharge is payable may, without prejudice to any other remedy, obtain the appointment of a receiver in like manner, and with the like effect in all respects, as if he were a mortgagee of the Company empowered to enforce payment of arrears of interest due on his mortgage by the appointment of a receiver.

Works.

Power to make works.

21. Subject to the provisions of this Order, the Company may, on the lands taken by them under this Order, and in the lines, and according to the levels, and within the limits of deviation shown on the deposited plans and sections, make and maintain the works shown on the deposited plans.

Description of pier.

22. The works authorized by this Order comprise the following:

A pier, with all proper works, tramways, approaches, and other conveniences connected therewith, situate wholly in the parish of Clevedon and county of Somerset, commencing at or near the south-western corner of the wall surrounding the Rock House public house, near the point or place on the shore of the Bristol Channel called Rock House Point in the said parish, and running out into the sea in a westnorth-westerly direction, and terminating twelve hundred feet or thereabouts from the said Rock House Point.

Rates.

Power to take rates in schedules.

23. The Company may demand and receive, over and above any rates, tolls, and dues which may be levied and taken by the mayor, aldermen, and burgesses of the city of Bristol, in respect of the vessels, goods, and things in the Schedule hereto described, any rates not exceeding the rates in that Schedule specified

Exemption of Custom House officers from rates.

24. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage, and egress to, through, and out of the pier and works by land, and with their vessels and otherwise, without payment.

Application of rates.

25. The rates received under this Order shall be applicable for the purposes and in the order following:

1. To the maintenance of the works authorized by this Order:

2. In payment, to an extent not exceeding one fifteenth part of such rates, of any rent or rentcharge payable in respect of any lands acquired by the Company under this Order:

3. In payment of the interest accruing on any money borrowed under the authority of this Order, and in repayment of the principal of such money:

4. In payment of dividend on any preference shares created under this Order:

5. To the use and for the purposes of the Company.

General Provisions.

Company may provide steam engines, &c.

26. The Company may provide such steam engines, steam vessels, piling engines, diving bells, barges, boats, and other machinery and vessels as they think necessary for carrying on the business of the Company, or for effectuating any of the purposes of this Order, and may demand and receive such sums for the use thereof as they think reasonable.

Company may contract with persons for use of pier.

27. The Company may grant to passengers and promenaders or others pass tickets for the use of the pier on such terms, and for such a period, not exceeding one year, as may be agreed upon, but so that no preference be given to any person. Such a pass ticket shall not be transferable, and shall not be used by any person except the person for whom it is granted, or by any person after the period limited for its use. If any person acts in any way in contravention of this provision, or uses or attempts to use any false or counterfeit pass tickets, he shall for every such offence be liable to a penalty not exceeding twenty shillings, to be recovered and applied as penalties are recoverable and applicable under The Harbours, Docks, and Piers Clauses Act, 1847, for all the purposes of which Act this Order shall be deemed the Special Act.

Part V. of 24 & 25 Vict. c. 47 to apply.

28. Part V. of The Harbours and Passing Tolls, &c. Act, 1861, shall apply to the works authorized by the Order.

Saving rights of corporation of Bristol.

29. Nothing in this Order shall prejudice, diminish, alter, or take away any right, toll, rate, or duty belonging to or vested in the mayor, aldermen, and burgesses of the: city of Bristol, within the limits of the port of Bristol.

Short title.

30. This Order may be cited as The Clevedon Pier Order, 1864.

Board of Trade, Whitehall.

Dated this 11th day of March 1864.

(Signed) T. H. FARRER,

Marine Secretary.

SCHEDULE to which this Order refers.

I.—RATES ON VESSELS USING THE PIER.

II. — RATES ON GOODS SHIPPED OR UNSHIPPED AT THE PIER.

III.—RATES FOE USE OF CRANES, WEIGHING MACHINES, AND SHEDS.

1st. Rates of Cranage.

2nd. Weighing Machines.

3rd. Shed Dues.

IV.—RATES FOR LAYING WATER MAINS ON PIER.

V.—RATES ON PASSENGERS AND PROMENADERS USING THE PIER.

VI.—RATES ON PASSENGERS’ LUGGAGE.

RHYL.

Provisional Order of the Board of Trade for the Construction, Maintenance, and Regulation of a Pier at Rhyl, in the County of Flint.

Preamble.

Whereas, under The General Pier and Harbour Act, 1861, and The General Pier Harbour Act, 1861, Amendment Act, the promoters of the Rhyl Promenade Pier Company Limited made application by a Memorial to the Lords of the Committee of Her Majesty’s Most Honourable Privy Council appointed for the consideration of matters relating to Trade and Foreign Plantations, herein-after called the Board of Trade, setting forth the necessity of a pier of Rhyl, in the county of Flint, and praying their Lordships to approve of the project thus submitted, and to grant a Provisional Order for its execution, containing powers and privileges for the complete execution of the works, and for the levying of rates and tolls not exceeding those herein-after specified:

And whereas the estimated expenditure on the proposed works is thirteen thousand pounds and no more:

And whereas the promoters have published the advertisements and deposited the documents which by the last-mentioned Act they were required to publish and deposit:

And whereas the Board of Trade, after making such inquiries as they have thought expedient, have settled this present Provisional Order, and intend to cause a Bill to be introduced into Parliament for the purpose of obtaining an Act for the confirmation of this Provisional Order (until which confirmation this Provisional Order will not be of any validity or force whatever):

Now, therefore, the Board of Trade do by this their Provisional Order in pursuance of The General Pier and Harbour Act, 1861, and The General Pier and Harbour Act, 1861, Amendment Act, and by virtue and in exercise of the powers thereby respectively in them vested, and of every other power enabling them in this behalf, order-

That from and immediately after the passing of an Act of Parliament confirming this Provisional Order, the following provisions shall take effect and be in force:

Undertakers.

1. The Rhyl Promenade Pier Company Limited, herein-after called the Company, shall be the undertakers of the works authorized by this Order.

Power to take specified lands by agreement.

2.For the purposes of the works authorized by this Order, the Company may from time to time, by agreement, enter on, take, and use all or any part of the lands shown on the deposited plans, as intended to be taken for the purposes of the proposed works.

Incorporation of Lands Clauses Act.

3. The Lands Clauses Consolidation Act, 1845, and The Lands Clauses Consolidation Acts Amendment Act, 1860, except so much thereof respectively as relates to the purchase and taking of lands otherwise than by agreement, shall be incorporated with this Order.

Power to make works.

4. Subject to the provisions of this Order, and subject also to such alterations, if any, in the deposited plans as the Board of Trade may require from time to time before the completion of the works in order to prevent injury to navigation, the Company may, on the lands taken by them under this Order, and in the lines and according to the levels and within the limits of deviation shown on the deposited plans and sections, make and maintain the works shown on the deposited plans.

Description of pier.

5. The works authorized by this Order comprise the following:

A pier commencing below the east parade opposite or near to the end of Church Street, with limits of deviation laterally to the baths on the east, and to High Street on the west, in the parochial township of Rhyl, in the parish of Rhydlan, in the county of Flint, and extending seaward one thousand and fifty-six yards or thereabouts in a north-easterly direction.

Power to take rates according to Schedule.

6. The Company may demand and receive in respect of the vessels, goods, persons, and things in the Schedule hereto described any sums not exceeding the rates in the Schedule specified.

Company may contract with persons for the use of the pier.

Pass tickets not to be transferable.

7. The Company may grant to passengers and promenaders or others pass tickets for the use of the pier on such terms and for such a period, not exceeding one year, as may be agreed upon, but so that no preference be given to any person. A pass ticket shall not be transferable, and shall not be used by any person except the person to whom it is granted, or by any person after the period limited for its use. It any person acts in any way in contravention of this provision, or uses or attempts to use any false or counterfeit pass ticket, he shall for every such offence be liable to a penalty not exceeding twenty shillings, to be recovered as penalties are recoverable under The Harbours, Docks, and Piers Clauses Act, 1847, (for all the purposes of which Act this Order shall be deemed the special Act,) and the Company may from time to time enter into a contract or contracts with any person or persons, company or body corporate, for any period not exceeding one year, for a composition or reduced payment or payments in respect of the tolls, rates, charges, and duties in the Schedule hereto, or any part or parts thereof, but so that no preference be given to any such person or persons, company or body corporate, respectively.

Exemption of Custom House officers from rates.

8. Officers of Customs, being in the execution of their duty, shall at all times have free ingress, passage and egress to, on, along, and from the pier by land and with their vessels, and otherwise, without payment.

Lands for extraordinary purposes.

9. The Company shall not purchase for extraordinary purposes (within the meaning of The Harbours, Docks, and Piers Clauses Act, 1847,) lands exceeding in the whole two acres.

Meters and weighers.

10. The Company shall have the appointment of meters and weighers on the pier.

Steam engines, diving bells, lighters, &c.

11. The Company may provide such steam engines, steam vessels, piling engines, diving bells, ballast lighters, and other machinery and vessels, and also such tramways and carriages, as they may think necessary for effectuating any of the purposes of this Order, and may demand and receive such sums for the use of the same as they may think reasonable.

Part V. of 24 & 25 Vict. c. 47. to apply.

12. Part V. of The Harbours and Passing Tolls, &c. Act, 1861, shall apply to the pier authorized by this Order.

Limitations as to heavy traffic.

13. No cattle (except horses), and no bark, bones, or bonedust, bricks, chalk, clay, coals, guano, gunpowder, hay, lime, limestone, minerals, manure, ores, or old ropes, slates, stones, tiles, or other such like heavy goods or merchandise, shall be landed on or embarked from the pier authorized by this Order at any time in the daytime after the hour of six o’clock in the morning, or before the hour of ten o’clock at night, from the first day of May to the first day of November in every year, without the consent in writing of the Improvement Commissioners of the town of Rhyl (for the time being) under their common seal for that purpose first had and obtained.

Short title.

14. This Order may be cited as The Rhyl Promenade Pier Order, 1864.

Board of Trade, Whitehall.

Dated this 15th day of March 1864.

(Signed) T. H. FARRER,

Marine Secretary.

The SCHEDULE to which this Order refers.

I.—RATES ON VESSELS USING THE PIER.

II.—RATES ON GOODS SHIPPED OR UNSHIPPED AT THE PIER.